Abstract:

The right of workers to strike is probably the most controversial component of labour law. It raises complex questions. For instance, is the right to strike a human right? Does an individual worker have a right to strike? Should the law create and protect a right to strike? The list of questions could be continued ad infinitum. The complexity of the questions are compounded by the fact that the issue of a right to strike attracts very strong, and sometimes, deeply emotive and ideological views. A leading labour lawyer is often quoted in the following words as an example of these strongly expressed views:
There can be no equilibrium in industrial relations without a freedom to strike. In protecting that freedom, the law protects the legitimate expectations of workers that they can make use of their collective power: it corresponds to the protection of the legitimate expectations of management that it can use the right of property for the same purpose on its side ...’